Case Details

Citation(s)
1993 SLG 2154 1993 SLD 2154 = 1993 PLD 174
Sindh High Court



Law:

Section:

(a), Sindh Rented Premises Ordinance (XVII of 1979)---

---- S.15 --- Practice of receiving rent in lump sum periodica ly, if proved, would be a good ground for condonation of default in payment of rent --- Landlady's assertion that tenant was not paying rent regularly and had defaulted in payment of rent while some other tenants in the same building were paying rent in advance, could have shattered tenant's pica that she used to collect rent in lump sum periodica ly, had she produced counterfoils of rent receipts evidencing collection of rent from other tenants in advance or each month regularly but such evidence was withheld --- Evidence on record, thus, amply established the practice of landlady of receiving accumulated rent at irregular intervals not only from the tenant but also from her other tenants --- Such practice having been established was a good ground for condoning delay in payment of rent.

Hajiani Aisha and others v. Abdul Waheed PLD 1989 SC 489; Amir Ali and others v. M/s. Burma Oil Mils Ltd. 1990 SCMR 1327; Abdul Latif v. Munir Ahmed PLD 1987 Kar. 460; Abdul Aziz v. Abdul Ghani 1986 SCMIZ 1857; Haji Muhammad Oasim v. Mehran Ali 1983 SCMR 1205; Malka Begurn v. Mehar Ali Hashmi 1984 SCMR 755; Abdul Rashid v. Saleh Muhammad 1980 SCMR 506; Dr. Syed Waris Ali Tirmizi v. Liaquat Begurn 1980 SCMR 601 and M/s. Tar Muhammad Janno & Co. v. Tahir Ali and others 1981 SCMR 93 ref.

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